You may not know it, but experiencing an injury in a public place like a gym could mean you’re eligible to receive compensation. By choosing to make a gym accident claim, you could be reimbursed for any financial losses and the pain and suffering your injury has caused you. Our panel of personal injury solicitors has decades of experience in working with clients on public liability claims, so you’ll know you’re making the right choice by choosing Public Interest Lawyers.
Key Takeaways
- You have 3 years to pursue gym injury claims.
- You will need evidence to prove your injury was due to someone else’s negligence.
- Compensation covers both mental and physical health.
- You could still be able to claim if you were partially responsible for the accident.
- You can claim on a No Win No Fee basis with our solicitors.
Get in touch today and find out if you’re eligible to make a gym injury compensation claim. Our advisors will provide free legal advice so you know you’re taking the right next step for you.
- Get started by calling 0800 073 8803.
- Contact us online.
- Start a conversation via the live chat.
Frequently Asked Questions
- Can I Make A Gym Accident Claim?
- What Gym Accident Compensation Could I Get?
- How Would My Gym Fund My Compensation?
- What Accidents Can Be Covered In Gym Injury Claims?
- Can I Be Removed From My Gym If I Claim Against Them?
- How Can I Make A Gym Accident Claim?
- Why Use A No Win No Fee Gym Accident Solicitor?
- Learn More
Can I Make A Gym Accident Claim?
You can make a gym accident claim if you became injured due to a breached duty of care. Under the Occupiers’ Liability Act 1957, all occupiers of a space must take practicable steps to ensure your reasonable safety while visiting that space.
This includes carrying out risk assessments on a regular basis and ensuring equipment is properly maintained or replaced where necessary. If this is not done and you suffer physical harm, emotional harm, or both, this is a breached duty of care by the occupier and considered negligence.
Am I Able To Claim If I Signed A Waiver?
You may still be able to make a gym accident claim if you signed a waiver. While many waivers include terms that state you take responsibility for your own safety, they do not completely excuse the occupier from their duty of care.
We encourage you to contact an advisor to see if you could claim compensation for your gym injury.
What If I Was Responsible For The Accident?
Being partially responsible for an accident in personal injury claims is referred to as split liability. It means that, while the occupier breached their duty of care, you contributed to the accident through your own actions. An example would be if you were not using gym equipment as it should be used at the time of the accident but the equipment was also faulty.
Your gym accident compensation will be reduced by your level of responsibility for the accident, i.e., you would receive 30% less compensation for being 30% responsible.
Can I Claim On Behalf Of A Loved One?
The simple answer is yes, you can claim on behalf of a loved one by becoming a litigation friend. This means you represent the claimant by communicating and making decisions for them where they are unable to do so. Both children under the age of 18 and those with limited mental capacity are unable to manage a claim for themselves. However, a litigation friend can be appointed or apply to represent their best interests in a personal injury claim.
Please pick a contact option to speak to our advisors about any of the topics covered in this section.
What Gym Accident Compensation Could I Get?
Gym accident compensation could cover your pain and suffering (known as general damages) and any financial losses connected to this pain and suffering (known as special damages).
According to the Judicial College Guidelines (JCG), you could receive between £111,150 to £196,450 in gym accident compensation for severe back injuries. The JCG is a document containing potential compensation figures for pain and suffering. Aside from the first entry, the table below contains more figures from the JCG. However, the table is only intended to act as a guide and does not represent the particulars of your claim.
| TYPE OF INJURY | SEVERITY | GUIDELINE COMPENSATION |
|---|---|---|
| Multiple Severe Injuries + Special Damages (care costs, lost income etc). | Severe | Up to £500,000+ |
| Back Injuries | Severe (i) - Damage to spinal cord and nerve roots. | £111,150 to £196,450 |
| Severe (ii) - Damage to nerve roots. | £90,510 to £107,910 | |
| Neck Injuries | Severe (i) - Incomplete paraplegia. | In the region of £181,020 |
| Severe (ii) -Damaged cervical spine discs or serious fractures. | £80,240 to £159,770 | |
| Arm Injuries | Severe | £117,36 to £159,770 |
| Less Severe | £23,430 to £47,810 | |
| Knee Injuries | Severe (i) - Disruption of the joint and development of osteoarthritis. | £85,100 to £117,410 |
| Severe (ii) - Leg fracture extending into the knee joint. | £63,610 to £85,100 | |
| Shoulder Injuries | Severe | £23,430 to £58,610 |
What Other Factors Will Contribute To The Amount Of Gym Injury Compensation?
As well as pain and suffering and emotional distress, referred to as general damages, another main factor in gym injury compensation is financial losses. This is known as special damages. For personal injury claims, you could claim special damages for:
- Medical expenses such as prescriptions, medical aids like crutches, or further medical treatment.
- Lost income – for both past and future wages.
- Care costs.
- Adaptations to your home or car.
- Transport costs.
You will need bank statements, receipts, and invoices to use as evidence.
If you have any questions about gym accident compensation, contact an advisor today.
How Would My Gym Fund My Compensation?
Your gym will likely fund your compensation via public liability insurance. It is not the law to have public liability insurance, but most businesses will have it to cover themselves financially if a claim is made against them.
Please get in touch if you have any questions or concerns about how your gym accident compensation may be paid.
What Accidents Can Be Covered In Gym Injury Claims?
Many accidents can be covered in gym injury claims. We’ve included some of the more common ways an accident at the gym can happen because of someone else’s negligence below.
- A gym machine is not regularly maintained or checked, causing a user to fracture their collarbone when the machine does not work as it should.
- A gym accepts new users but does not provide the proper instruction or training to newcomers. A user sprains their knee after using a machine without the appropriate training or signage.
- Gym users attending a class receive inadequate supervision or instruction from the instructor, leading to one user suffering a minor head injury and a broken finger.
- A gym has recently been thoroughly cleaned but no wet floor signage is put out to warn customers. An attendee slips on the floor, breaking his wrist.
- A gym user trips over a cable left sticking out near the treadmill and sprains their ankle.
Call, use the claims form, or click the live chat to discuss gym accidents with our advisors.
Can I Be Removed From My Gym If I Claim Against Them?
Depending on the terms and conditions of the contract you signed, you may be removed as a member after pursuing gym accident compensation. However, your gym cannot stop you from making a claim against them.
If you feel you were wrongfully removed from your gym due to pursuing compensation, reach out to an advisor today.
How Can I Make A Gym Accident Claim?
To make a gym accident claim, you will need the correct evidence and be within the time limit to claim.
This time limit is 3 years, as per the Limitation Act 1980. It usually begins on the date your gym injuries happened. There are 2 exceptions where the time limit does not apply.
- Claimants under 18 are minors and cannot claim by themselves. The 3-year time limit does not apply until the claimant turns 18.
- Claimants who lack mental capacity cannot claim themselves. No time limit is relevant unless capacity is regained.
As discussed earlier, a litigation friend can be used to represent claimants under 18 and claimants lacking mental capacity.
As for evidence, you will need to prove how the gym accident happened and that it was caused by someone else’s negligence. It’s also beneficial to show if you needed to seek medical attention following the accident. As much evidence as possible is useful, particularly the types listed:
- Your full medical records or any medical reports.
- CCTV footage of the accident.
- Correspondence between you and the gym.
- Photos and videos of the machine or area that caused your accident.
- A way to contact any witnesses.
Want to know whether you’re within the time limit or have questions about evidence to support a gym accident claim? Our advisors are happy to assist.
Why Use A No Win No Fee Gym Accident Solicitor?
Our panel of experienced personal injury solicitors have dealt with hundreds of successful public place accident claims, and yours could be one of them. All claims are taken on via a type of No Win No Fee agreement called a Conditional Fee Agreement. Claiming this way is less of a financial risk, as:
- You pay solicitor’s fees only after winning your claim.
- Your solicitor is not going to ask you to pay for their services when they agree to work on your claim or as it is ongoing.
- You pay a success fee from your compensation (legally capped at 25%) only after a successful outcome.
Contact Public Interest Lawyers
Take advantage of a free initial consultation with our highly experienced advisors. You can ask any question, get any query about the claims process answered, and discover whether you have a valid gym injury compensation claim.
- Get started by calling 0800 073 8803.
- Contact us online.
- Start a conversation via the live chat.
Learn More
We’ve collected a few more of our guides for you below.
- Read our guide on a third party not admitting liability.
- See what to expect at a personal medical injury appointment.
- Discover our public liability compensation claim FAQs.
These external links contain more useful information.
- Read about health and safety when doing leisure activities from the Health and Safety Executive (HSE).
- See when to call 999 via the NHS.
- Discover advice on the type and level of physical activity people should undertake via GOV.UK
If you want to know further information about deciding to make a gym accident claim, contact our team today.